3 year re-eval from IEE data vs original eval?

[Betsy]

Hello. My son was originally evaluated in April, 2022 by our district and found to not qualify for services (dx: anxiety and ADHD). We requested an IEE, for which a neuropsych evaluation was done in October 2022 (new diagnoses of moderate dyslexia and dysgraphia and disorder of written expression). The report wasn't available until March, 2023 with our original IEP meeting June 1, 2023. He has been receiving services since Sept, 2023. There was no discussion of re-eval at our CSE meeting this year (May, 2025) though the CSE chair had resigned, and the school psychologist was serving as interim. A few questions:

Which date/set of data should drive the timing of the 3 year eval-original or IEE? 

Are they required to compare any new evaluations to the neuropsych data (IEE) which qualified him for services and is in the PLOP? 

If he doesn't qualify, or they don't do a comprehensive evaluation, I can request an IEE, correct? Would services continue during this process?

Thanks,
Betsy

 

[Annique]

1. Which date/set of data should drive the timing of the 3 year eval-original or IEE? 

   1. The original school evaluation date (April 2022) drives the 3-year reevaluation timeline, not the date of the IEE:  IDEA Regulations – IDEA 34 CFR §300.303, / PA Chapter 14 Regulations

2. Are they required to compare any new evaluations to the IEE neuropsych data in the IEP or PLOP?

   1. Yes, if the IEE was accepted in full or in part and used to determine eligibility and develop the IEP. The school must consider that data when reviewing progress or conducting future evaluation: IDEA 34 CFR §300.502

3. If he doesn’t qualify, or if the school doesn’t conduct a comprehensive evaluation, can you request another IEE? Do services continue during that process?

   1. Yes, you can request another IEE if the district’s reevaluation is insufficient or you disagree with the results. Services continue during this process under "stay-put" protections: IDEA 34 CFR §300.502 and §300.518 / Office for Dispute Resolution (ODR) – IEE and Due Process Guidance

[Betsy]

Thank you, Annique! Super helpful.

[JSD24]

If you are in PA, then Chapter 14 applies.  In other states, it's § 300.303 Reevaluations and any local case law that applies.  And the federal law seems vague to me.  You can file a state complaint for not following timelines - it's a procedural violation in PA:  https://odr-pa.org/parent-resources/state-complaint-process/  Without knowing for certian what state's rules apply, it's possible that your school is OK with timelines and the new eval is due in October 2025 or March 2026.  In most state, I believe you can request an IEE at school expense when a school fails to do a timely triennial eval.  Most state also allow the school & parent to agree that an eval isn't needed.  In this case, the progress reports are what defines the stude's baseline on which to determine goals & services.

The Stay Put process varies from state to state.  If you are not in PA, you should look at the procedural safeguards in your state as that should explain what to do.

Given this is a national group, unless a question is posted in a Pennsylvania-specific part of this site, I tend not to assume that the poster is in PA - especially when they call an IEP meeting a CSE meeting.  CSE seems to be a New York term.  I tried to confirm what the reeval timeline is for NY & I didn't see where it said 3 years from the school's evaluation.  It said reevaluations every 3 years or sooner if needed but not more than once a year.  And there are exceptions to the once a year rule as well.